Bill Text: IL HB0402 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act. Requires each Department responsible for licensing of a cannabis business establishment or registration or licensing of a cultivation center or dispensing organization under the Acts to publish on the Department's website a list of the ownership information of the applicants, registrants, or licensees under the Department's jurisdiction. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0402 Detail]
Download: Illinois-2021-HB0402-Introduced.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Compassionate Use of Medical Cannabis | |||||||||||||||||||||
5 | Program Act is amended by adding Section 93 as follows:
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6 | (410 ILCS 130/93 new) | |||||||||||||||||||||
7 | Sec. 93. Publishing ownership information. Each Department | |||||||||||||||||||||
8 | responsible for registration or licensure of a cultivation | |||||||||||||||||||||
9 | center or dispensing organization under this Act shall publish | |||||||||||||||||||||
10 | on the Department's website a list of the ownership | |||||||||||||||||||||
11 | information of cultivation center or dispensing organization | |||||||||||||||||||||
12 | applicants, registrants, or licensees under the Department's | |||||||||||||||||||||
13 | jurisdiction. The list shall include, but is not limited to: | |||||||||||||||||||||
14 | the name of the person or entity who is applying, registered, | |||||||||||||||||||||
15 | or licensed; and the address at which the entity is applying, | |||||||||||||||||||||
16 | registered, or licensed under this Act. This list shall be | |||||||||||||||||||||
17 | published and updated monthly.
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18 | Section 10. The Cannabis Regulation and Tax Act is amended | |||||||||||||||||||||
19 | by changing Section 55-30 as follows:
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20 | (410 ILCS 705/55-30)
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21 | Sec. 55-30. Confidentiality. |
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1 | (a) Information provided by the cannabis business | ||||||
2 | establishment licensees or applicants to the Department of | ||||||
3 | Agriculture, the Department of Public Health, the Department | ||||||
4 | of Financial and Professional Regulation, the Department of | ||||||
5 | Commerce and Economic Opportunity, or other agency shall be | ||||||
6 | limited to information necessary for the purposes of | ||||||
7 | administering this Act. The information is subject to the | ||||||
8 | provisions and limitations contained in the Freedom of | ||||||
9 | Information Act and may be disclosed in accordance with | ||||||
10 | Section 55-65. | ||||||
11 | (b) The following information received and records kept by | ||||||
12 | the Department of Agriculture, the Department of Public | ||||||
13 | Health, the Department of State Police, and the Department of | ||||||
14 | Financial and Professional Regulation for purposes of | ||||||
15 | administering this Article are subject to all applicable | ||||||
16 | federal privacy laws, are confidential and exempt from | ||||||
17 | disclosure under the Freedom of Information Act, except as | ||||||
18 | provided in this Act, and not subject to disclosure to any | ||||||
19 | individual or public or private entity, except to the | ||||||
20 | Department of Financial and Professional Regulation, the | ||||||
21 | Department of Agriculture, the Department of Public Health, | ||||||
22 | and the Department of State Police as necessary to perform | ||||||
23 | official duties under this Article and to the Attorney General | ||||||
24 | as necessary to enforce the provisions of this Act. The | ||||||
25 | following information received and kept by the Department of | ||||||
26 | Financial and Professional Regulation or the Department of |
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1 | Agriculture may be disclosed to the Department of Public | ||||||
2 | Health, the Department of Agriculture, the Department of | ||||||
3 | Revenue, the Department of State Police, or the Attorney | ||||||
4 | General upon proper request: | ||||||
5 | (1) Applications and renewals, their contents, and | ||||||
6 | supporting information submitted by or on behalf of | ||||||
7 | dispensing organizations in compliance with this Article, | ||||||
8 | including their physical addresses; | ||||||
9 | (2) Any plans, procedures, policies, or other records | ||||||
10 | relating to dispensing organization security; and | ||||||
11 | (3) Information otherwise exempt from disclosure by | ||||||
12 | State or federal law. | ||||||
13 | Illinois or national criminal history record information, | ||||||
14 | or the nonexistence or lack of such information, may not be | ||||||
15 | disclosed by the Department of Financial and Professional | ||||||
16 | Regulation or the Department of Agriculture, except as | ||||||
17 | necessary to the Attorney General to enforce this Act. | ||||||
18 | (c) The name and address of a dispensing organization | ||||||
19 | licensed under this Act shall be subject to disclosure under | ||||||
20 | the Freedom of Information Act. The name and cannabis business | ||||||
21 | establishment address of the person or entity holding each | ||||||
22 | cannabis business establishment license shall be subject to | ||||||
23 | disclosure. | ||||||
24 | (d) All information collected by the Department of | ||||||
25 | Financial and Professional Regulation in the course of an | ||||||
26 | examination, inspection, or investigation of a licensee or |
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1 | applicant, including, but not limited to, any complaint | ||||||
2 | against a licensee or applicant filed with the Department and | ||||||
3 | information collected to investigate any such complaint, shall | ||||||
4 | be maintained for the confidential use of the Department and | ||||||
5 | shall not be disclosed, except as otherwise provided in this | ||||||
6 | Act. A formal complaint against a licensee by the Department | ||||||
7 | or any disciplinary order issued by the Department against a | ||||||
8 | licensee or applicant shall be a public record, except as | ||||||
9 | otherwise provided by law. Complaints from consumers or | ||||||
10 | members of the general public received regarding a specific, | ||||||
11 | named licensee or complaints regarding conduct by unlicensed | ||||||
12 | entities shall be subject to disclosure under the Freedom of | ||||||
13 | Information Act. | ||||||
14 | (e) The Department of Agriculture, the Department of State | ||||||
15 | Police, and the Department of Financial and Professional | ||||||
16 | Regulation shall not share or disclose any Illinois or | ||||||
17 | national criminal history record information, or the | ||||||
18 | nonexistence or lack of such information, to any person or | ||||||
19 | entity not expressly authorized by this Act. | ||||||
20 | (f) Each Department responsible for licensure under this | ||||||
21 | Act shall publish on the Department's website a list of the | ||||||
22 | ownership information of cannabis business establishment | ||||||
23 | applicants and licensees under the Department's jurisdiction. | ||||||
24 | The list shall include, but is not limited to: the name of the | ||||||
25 | person or entity applying to hold or holding each cannabis | ||||||
26 | business establishment license; and the address at which the |
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1 | entity is applying to operate or operating under this Act. | ||||||
2 | This list shall be published and updated monthly.
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3 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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